My house flooded: emergency legal guide for those affected by the storm

Context of the climate emergency

The country is facing a severe crisis. As this edition closes, the provisional assessment issued by Senapred on the seventeenth of July reports tragic consequences, including fatalities and families in shelters, along with more than half a million homes without electricity and close to eight hundred dwellings with damage of varying severity nationwide, ranging from minor damage to total destruction. In response, the Government declared a preventive emergency in ten regions, from Coquimbo to Los Lagos, a measure initially in force until the twenty first of July. It must be noted that the declaration of a disaster zone for the Biobío Region is currently under assessment by the Executive. This service guide aims to provide clear, verified guidance for those affected in the middle of this complex scenario.

Before cleaning or removing debris: documentation

The natural impulse after seeing your home flooded is to start cleaning and throwing out what has been ruined. In law, however, what cannot be proved does not exist. Before moving a single piece of furniture you must document everything. Take photographs and record video of every room, making sure the digital files retain the date and time. Draw up a detailed inventory of structural damage and lost belongings.

Alongside your own record, official corroboration is vital. Request an attendance certificate from the fire service if they responded at your address, or ask staff from the Municipal Works Department to certify the state of the dwelling. Finally, keep absolutely every receipt for emergency expenses you incur, from water pumps to temporary repair materials. This body of evidence is the only thing that will determine the success of your dealings with insurers and State institutions.

The Basic Emergency Record and State aid

The Chilean State targets its initial assistance through the Basic Emergency Record, an instrument administered by the Ministry of Social Development. This record cannot be applied for online; it is completed in person at the affected home or at shelters by duly identified public officials. Its purpose is to register the level of damage to the dwelling and the composition of the household.

Being surveyed and registered is an essential requirement to unlock aid such as the Recovery Grant or other subsidies the Government may provide during the crisis. We recommend keeping an eye on official channels such as Chile Atiende for the survey timetable in your commune.

Home insurance: deadlines and warnings

Those paying a mortgage necessarily hold fire insurance, but cover for overflowing watercourses, extreme rainfall or flooding depends solely on the additional clauses contracted in each policy. The first step is to report the claim directly to the insurance company or through the bank that granted the loan.

According to the Financial Market Commission, policies set short deadlines for reporting a claim. We advise submitting the report as soon as possible, attaching all the photographic material collected. We issue a very serious legal warning: after the report, the company will send a loss adjuster. You should not accept settlement proposals or sign releases hastily if you consider that the amount offered does not cover the documented cost of repair. Where there are major discrepancies, our lawyers specialising in civil litigation can review the adjustment and advise you on the appropriate challenges.

Tenancies and habitability after the emergency

One of the most distressing questions comes from those living in rented properties that have been severely damaged. The Chilean Civil Code is clear about the mutual obligations in these fortuitous events. The landlord has a legal duty to keep the property in a condition fit for the purpose for which it was let. If the house has become temporarily uninhabitable, the tenant is entitled to demand repairs at the owner's cost and to request a proportionate reduction in rent while the works last.

If, on the other hand, the property suffered total destruction or structural damage that permanently prevents its use as a dwelling, the tenancy ends through loss of the leased property. The tenant is not obliged to keep paying monthly rent and is entitled to the return of the deposit. From the owner's perspective, if this house was their main source of income, it is vital to register promptly in the municipal records to assess access to State recovery benefits and to explore the exceptional rules we discuss in our analysis of the economic and housing megareform.

Property taxes

Paying taxes on a destroyed home is a burden the law does provide relief from. Before the Internal Revenue Service, owners can request a change of assessed value due to destruction or severe damage to the property. This procedure seeks to reduce the property's fiscal value and, as a result, lower or waive future quarterly payments while the asset remains unrepaired. Our team offers comprehensive advice through our property tax service to handle these technical files before the tax authority.

In addition, if the Government formally confirms and declares a disaster zone for the regions under assessment, such as Biobío, presidential decrees are usually activated that automatically extend property tax payment deadlines, freezing interest and penalties. Where payments were made in excess during documented periods of damage, it is possible to claim a refund of property taxes following reassessment. Acting quickly is essential to avoid falling into arrears that lead to enforced collection, where the time limits for the limitation of property tax debts before the Treasury are strict.

We should note that in future articles we will look in depth at the question of who bears civil liability if flooding was aggravated by third party negligence or by a lack of maintenance of public or private infrastructure.

Emergency document summary

Frequently asked questions from those affected

Tell us your situation and we will tell you what applies.